¿A New Census Excluding Undocumented Immigrants? The New Debate that Trump Started
The president’s directive to the Department of Commerce has reignited a long-standing legal and political debate.
The president of the United States says he wants to know how many “real” Americans are in the country. As he often does, he announced his latest move against illegal immigration on Truth Social: “I have directed our Department of Commerce to immediately begin work on a new and highly accurate Census based on current data and figures and, importantly, using the results and information obtained from the 2024 Presidential Election. People who are in our country illegally WILL NOT BE COUNTED IN THE CENSUS.”
Trump’s proposal revives a similar policy from his first term in 2020, which was blocked by the courts and reversed by President Joe Biden in 2021.
Several outlets reported that the census is constitutionally a responsibility of Congress, not the president, and that the count must include every person residing in the United States, regardless of immigration status, under the reapportionment clause of Article I and the 14th Amendment.
Experts warn that such an exclusion would violate the Constitution and, beyond the legal challenges, would have serious logistical and political consequences.
Historically, there have been occasional mid-decade census efforts, but always with congressional authorization. No president has ever ordered one unilaterally.
The census count is used to determine the number of seats each state holds in the House of Representatives, as well as the allocation of federal funds for education, health care, infrastructure, and more. Excluding people could hurt everyone—including citizens—by distorting how resources are distributed.
States with large immigrant populations, such as California, Texas, and New York, could lose political representation and federal funding, while states with fewer immigrants could gain political advantage.
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The legal and logistical implications would be enormous, especially considering that the last census cost nearly $14 billion and it is unclear whether Trump intends to alter the 2030 census or launch an unusual new one altogether.
Some media outlets suggest this move could be part of a broader strategy to strengthen the Republican position ahead of the 2026 midterms and the 2028 presidential election.
Trump’s order for a census that excludes undocumented immigrants not only revives a policy previously deemed unconstitutional but also raises significant legal, logistical, and political questions.
The Constitution requires counting “the whole number of persons” in the country, regardless of immigration status. Any deviation threatens fair distribution of resources and representation, and would likely face immediate judicial challenges.
While Trump has issued his directive, the actual power to modify or initiate a census lies with Congress and existing legal frameworks. Nevertheless, the announcement has already intensified the political and legal fight over control of the institutional levers of power in the United States.
With information from AFP
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